HF 564 (LSB 2336YH (4) 88)

HOUSE FILE 564

BY  SHIPLEY

A BILL FOR

An Act eliminating mandatory minimum sentences for drug offenses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 124.401, subsection 5, unnumbered paragraphs 5 and 6, Code 2019, are amended to read as follows:
   If a person commits a violation of this subsection, the court shall order the person to serve a term of imprisonment of not less than forty-eight hours. Any sentence imposed may be suspended, and the court shall place the person on probation upon such terms and conditions as the court may impose. If the person is not sentenced to confinement under the custody of the director of the department of corrections, the terms and conditions of probation shall require submission to random drug testing. If the person fails a drug test, the court may transfer the person’s placement to any appropriate placement permissible under the court order.
   If the controlled substance is amphetamine, its salts, isomers, or salts of its isomers, or methamphetamine, its salts, isomers, or salts of its isomers, the court shall order the person to serve a term of imprisonment of not less than forty-eight hours. Any sentence imposed may be suspended, and the court shall place the person on probation upon such terms and conditions as the court may impose. The court may place the person on intensive probation. However, the terms and conditions of probation shall require submission to random drug testing. If the person fails a drug test, the court may transfer the person’s placement to any appropriate placement permissible under the court order.
    Sec. 2.  Section 124.401E, subsection 3, Code 2019, is amended by striking the subsection.
    Sec. 3.  Section 124.406, subsection 1, paragraph a, Code 2019, is amended to read as follows:
   a.  Unlawfully distributes or possesses with intent to distribute a substance listed in schedule I or II to a person under eighteen years of age commits a class “B” felony and shall serve a minimum term of confinement of five years. However, if the substance was distributed in or on, or within one thousand feet of, the real property comprising a public or private elementary or secondary school, public park, public swimming pool, public recreation center, or on a marked school bus, the person shall serve a minimum term of confinement of ten years.
    Sec. 4.  Section 124.413, Code 2019, is amended by striking the section.
    Sec. 5.  Section 232.45, subsection 14, paragraph a, Code 2019, is amended to read as follows:
   a.  If a child who is alleged to have delivered, manufactured, or possessed with intent to deliver or manufacture, a controlled substance except marijuana, as defined in chapter 124, is waived to district court for prosecution, the mandatory minimum sentence provided in section 124.413 shall not be imposed if a conviction is had; however, each a child convicted of such an offense shall be confined for not less than thirty days in a secure facility.
    Sec. 6.  Section 901.10, subsection 2, Code 2019, is amended to read as follows:
   2.  Notwithstanding subsection 1, if the sentence under section 124.413 involves an amphetamine or methamphetamine offense under section 124.401, subsection 1, paragraph “a” or “b”, the court shall not grant any reduction of sentence unless the defendant pleads guilty. If the defendant pleads guilty, the court may, at its discretion, reduce the mandatory minimum sentence by up to one-third. If the defendant additionally cooperates in the prosecution of other persons involved in the sale or use of controlled substances, and if the prosecutor requests an additional reduction in the defendant’s sentence because of such cooperation, the court may grant a further reduction in the defendant’s mandatory minimum sentence, up to one-half of the remaining mandatory minimum sentence.
    Sec. 7.  Section 901.12, Code 2019, is amended by striking the section.
    Sec. 8.  Section 903A.5, subsection 1, Code 2019, is amended to read as follows:
   1.  An inmate shall not be discharged from the custody of the director of the Iowa department of corrections until the inmate has served the full term for which the inmate was sentenced, less earned time and other credits earned and not forfeited, unless the inmate is pardoned or otherwise legally released. Earned time accrued and not forfeited shall apply to reduce a mandatory minimum sentence being served pursuant to section 124.406, 124.413, 902.7, 902.8, 902.8A, or 902.11. An inmate shall be deemed to be serving the sentence from the day on which the inmate is received into the institution. If an inmate was confined to a county jail, municipal holding facility, or other correctional or mental facility at any time prior to sentencing, or after sentencing but prior to the case having been decided on appeal, because of failure to furnish bail or because of being charged with a nonbailable offense, the inmate shall be given credit for the days already served upon the term of the sentence. However, if a person commits any offense while confined in a county jail, municipal holding facility, or other correctional or mental health facility, the person shall not be granted credit for that offense. Unless the inmate was confined in a correctional facility, the sheriff of the county in which the inmate was confined or the officer in charge of the municipal holding facility in which the inmate was confined shall certify to the clerk of the district court from which the inmate was sentenced and to the department of corrections’ records administrator at the Iowa medical and classification center the number of days so served. The department of corrections’ records administrator, or the administrator’s designee, shall apply credit as ordered by the court of proper jurisdiction or as authorized by this section and section 907.3, subsection 3.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill eliminates mandatory minimum sentences for drug offenses.
   The bill removes the mandatory 48-hour minimum sentence for a person committing a violation of Code section 124.401(5) for a person knowingly or intentionally possessing a controlled substance unless such substance was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner’s professional practice, or except as otherwise authorized under Code chapter 124 (controlled substances).
   The bill removes the mandatory 48-hour minimum sentence for a violation of Code section 124.401(5) when the controlled substance is amphetamine, its salts, isomers, or salts of its isomers, or methamphetamine, its salts, isomers, or salts of its isomers.
   The bill strikes Code section 124.401E(3) requiring a minimum term of confinement for a person’s second or subsequent conviction for delivery or possession with intent to deliver an amphetamine, its salts, isomers, or salts of its isomers, or methamphetamine, its salts, isomers, or salts of its isomers.
   The bill removes the minimum term of confinement of five years for a person over 18 years of age who unlawfully distributes or possesses with intent to distribute a schedule I or schedule II controlled substance to a person under 18 years of age. The bill strikes language requiring a mandatory minimum term of confinement of 10 years if the substance was distributed in or on, or within 1,000 feet of, the real property comprising a public or private elementary or secondary school, public park, public swimming pool, public recreation center, or on a marked school bus.
   The bill strikes Code section 124.413 (mandatory minimum sentence —— parole eligibility).
   The bill strikes the requirement that a child who is alleged to have delivered, manufactured, or possessed with intent to deliver or manufacture, a controlled substance except marijuana, as defined in Code chapter 124, is waived to district court for prosecution, and is convicted of such an offense, be confined in a secure facility for a minimum of 30 days.
   The bill removes references to the reduction of a mandatory minimum sentence for a defendant who either pleads guilty to an amphetamine or methamphetamine offense or cooperates in the prosecution of other persons involved in the sale or use of controlled substances.
   The bill strikes Code section 901.12 (minimum sentence —— parole or work release eligibility —— certain drug offenses).
   The bill removes the reference to mandatory minimum sentences and provides that earned time accrued and not forfeited shall apply to reduce a sentence being served pursuant to Code section 124.406 (distribution to person under age 18), 902.7 (minimum sentence —— use of a dangerous weapon), 902.8 (minimum sentence —— habitual offender), 902.8A (minimum sentence for conspiring to manufacture, or delivery of, amphetamine or methamphetamine to a minor), or 902.11 (minimum sentence —— eligibility of prior forcible felon for parole or work release).